District of Columbia Special Warranty Deed Form

What Is a District of Columbia Special Warranty Deed Form?

In the District of Columbia, a special warranty deed is a legal document used to transfer ownership of real property from one party to another with a limited warranty of title. The warranty of title is limited in that it only covers the time period during which the grantor owned the property. The warranty does not apply to anything that may have occurred before the grantor acquired the property. The District of Columbia authorizes special warranty deeds by statute.¹

What Is Warranty of Title?

In the District of Columbia, a warranty of title is a legal guarantee provided by a seller to a buyer that the seller has clear and marketable title to the property being sold. This means that the seller has the legal right to sell the property and that there are no liens, encumbrances, or other claims against the property that would prevent the buyer from taking clear and unencumbered title to the property.

A warranty of title may be included in a deed or other transfer document and is typically given by the seller to the buyer at the time of the sale. If any defects in the title are discovered after the sale, the seller may be held liable for any damages incurred by the buyer as a result. A warranty of title is not the same as title insurance, which is a separate form of protection that can be purchased by the buyer to protect against title defects or other issues that may arise in the future.

Other Names for a District of Columbia Special Warranty Deed Form

In other states, a deed that provides a limited warranty of title may be called a limited warranty deed. In California, the same document is called a grant deed. Each of these terms refer to a deed that limits the warranty of title to the period during which the grantor owned the property.

How Do District of Columbia Special Warranty Deed Forms Relate to Other Forms of Deeds?

A District of Columbia special warranty deed is one of three types of deeds used in D.C. that are named after the warranty of title. The other two are warranty deeds and quitclaim deeds.

District of Columbia Warranty Deed Form

A District of Columbia warranty deed provides the buyer with a warranty of title that covers the entire period of time that the seller owned the property, including any title defects that existed before the seller acquired the property.² This means that if any issues arise with the title in the future, the seller is responsible for addressing them and providing compensation to the buyer if necessary. On the other hand, a special warranty deed only provides a warranty of title for the period of time that the grantor owned the property. This means that a grantor of a special warranty deed is only responsible for title defects that arose during their ownership of the property, and not for any defects that existed before the grantor acquired it. Compared to a special warranty deed, a warranty deed provides greater protection for the buyer, as it covers a longer period of time and more potential issues with the title.

District of Columbia Quitclaim Deed Form

A District of Columbia quitclaim deed is a legal document that transfers any interest in a property that the grantor (seller) may have, without providing any warranties or guarantees as to the quality or validity of the title. A special warranty deed, on the other hand, provides the buyer with a warranty of title for the period of time that the seller owned the property. Compared to both warranty deeds and special warranty deeds, quitclaim deeds provide the least amount of protection for the buyer, as they provide no warranty of title or guarantees about the property’s ownership status.

District of Columbia Special Warranty Deed Forms and Other District of Columbia Deeds Used in Estate Planning

A District of Columbia special warranty deed is also distinct from two other types of District of Columbia deeds that are named after their probate avoidance features: Life estate deeds and transfer-on-death deeds.

District of Columbia Life Estate Deeds

A life estate deed is a legal instrument that grants a person (the life tenant) the right to use and enjoy a property for the duration of his or her lifetime, while also designating one or more remainder beneficiaries who will receive ownership of the property upon the life tenant’s death. The life tenant has the right to use the property, collect rents, and make improvements to it during their lifetime, but the life tenant cannot sell or otherwise dispose of the property without the consent of the remainder beneficiaries.

District of Columbia TOD Deeds

A District of Columbia transfer-on-death deed is a document that allows an owner of real estate to transfer ownership of the property to a named beneficiary upon the owner’s death, without the need for probate. This means that the named beneficiary will automatically become the owner of the property upon the owner’s death. The owner retains full ownership and control of the property during their lifetime, and may revoke or change the beneficiary designation at any time.

While a life estate deed grants a life tenant the right to use and enjoy the property, but with certain limitations on their ability to dispose of it, a TOD deed allows the owner to retain full ownership and control of the property during their lifetime. For this reason, TOD deeds are usually the preferred type of estate planning deed in the District of Columbia.

Common Uses of District of Columbia Special Warranty Deed Forms

Special warranty deeds are commonly used in the District of Columbia in situations where a seller wants to provide some protection to the buyer, but does not want to assume full liability for any potential title defects. Some common use cases for special warranty deeds in the District of Columbia include:

• Commercial real estate transactions. In commercial real estate transactions, special warranty deeds are often used to limit the seller’s liability while still providing some protection to the buyer.
• Foreclosure sales. When a property is sold through a foreclosure sale, the lender may use a special warranty deed to transfer ownership to the buyer, as the lender may not have full knowledge or control over the title history of the property.
• Sales of property owned by an estate. When a property is sold by an estate, the executor or administrator may use a special warranty deed to transfer ownership to the buyer, as they may not have full knowledge or control over the title history of the property.
• Sales of properties with known title issues. If there are known title issues or defects with a property, a seller may choose to use a special warranty deed to limit their liability while still providing some protection to the buyer.
• Transfers of property between family members. Although quitclaim deeds are usually preferred for transfers between family members, a family member may transfer ownership of a property to another family member using a special warranty deed, as they may not want to assume full liability for any potential title defects.

The specific circumstances of each transaction will dictate whether a special warranty deed is appropriate.

How to Create a District of Columbia Special Warranty Deed

As with any deed, a District of Columbia special warranty deed should be customized to reflect the specific terms and conditions of the transaction. Reliance on generic, fill-in-the-blank forms can lead to invalid documents and future title issues. A special warranty deed form in the District of Columbia will include the following elements:

• Grantor and grantee information. The special warranty deed will identify the parties involved in the transfer of ownership, including the name and address of the grantor (seller) and the grantee (buyer).
• Property description. The special warranty deed will include a legal description of the property being transferred, including the address and any relevant identifying information, such as the lot and block number.
• Special warranty language. The special warranty deed will include language that limits the grantor’s warranty of title to only the time period during which they owned the property. The grantor warrants that they have not done anything to impair the title during their ownership of the property, but they do not warrant against any defects in the title that may have existed prior to their ownership or that may arise after the sale.
• Signatures and notarization. The special warranty deed must be signed by the grantor in the presence of a notary public, who then notarizes the document to make it legally binding.

1. D.C. Code § 42-605.
2. D.C. Code § 42-604.